NOVA SCOTIA BARRISTERS SOCIETY HEARING PANEL Citation: Nova Scotia Barristers Society v. MacIntosh, 2002 NSBS 5 Date: 20020503 Docket: Registry: Halifax The CANADA EVIDENCE ACT The BARRISTERS AND SOLICITORS ACT, R.S.N.S. 1989, c. 30, and the Regulations of the Nova Scotia Barristers Society, as amended BETWEEN: The Nova Scotia Barristers Society James C. MacIntosh, a Barrister and Solicitor of Antigonish, Nova Scotia Before: Heard: April 30, 2002 Counsel: Alan J. Stern, Q.C., for the Nova Scotia Barristers Society (This page did not form part of the original Decision)
COUNTY OF HALIFAX SS ) The Canada Evidence Act The Barristers and Solicitors Act, R.S.N.S. 1989, c. 30, and the Regulations of the Nova Scotia Barristers' Society, as amended James C. Maclntosh, a Barrister and Solicitor, of Antigonish, in the County of Antigonish, Province of Nova Scotia CONSENT TO REPRIMAND James C. Maclntosh, a member of the Nova Scotia Barristers' Society, hereby agrees with and consents to the following in accordance with the provisions of the Barristers and Solicitors Act, R.S.N.S. 1989, and the Regulations made thereunder. 1. STATEMENT OF FACTS: The following statement of facts is agreed upon: James C. Maclntosh has been a member of the Nova Scotia Barristers' Society since 1983. He is a sole practitioner in Antigonish, Nova Scotia. W.W. has been a long-standing client of Mr. Maclntosh. The last work performed by Mr. Macintosh for W.W. occurred in 1997. In August 1995, W.W. approached Mr. Maclntosh and advised him
that he was an abuse survivor of the Shelburne School for Boys, and requested Mr. Macintosh's assistance in negotiating compensation from the Province. A verbal contingency fee agreement for 30% of the award plus disbursements was agreed upon as compensation for Mr. Macintosh. Subsequently, during the course of these settlement proceedings, the Province of Nova Scotia presented a Memorandum of Understanding to the survivors and their counsel for execution. following: Clause 58 of this Memorandum of Understanding stated the "The parties agree that once a Survivor has signed a Release in the form attached as Schedule "D" all contingency fee agreements previously entered into between counsel and the Survivor shall be revoked, and no further contingency fee arrangements shall be entered into between counsel and the Survivor in respect of compensation payable under this memorandum of Understanding." The Memorandum of Understanding also stipulated that the Province would compensate lawyers for their legal fees and disbursements on an hourly basis. Mr. Maclntosh signed the Memorandum of Understanding in May 1996. His fees for legal services for approximately 30 hours were subsequently paid by the Province. The fees totaled approximately $3672.00. In October 1996, W.W. was awarded a compensation settlement in the amount of $57,000.00. The settlement cheque was issued to Mr. Macintosh on behalf of W.W. Upon receipt of the settlement funds, Mr. Macintosh deducted the amount of $10,578.00 which he considered to be a "bonus" authorized by W.W. and presented the balance of the funds to W.W. The amount of $10,578.00 was 25% of the settlement awarded to W.W. minus the fees paid by the Province. 2. COMPLAINT: W.W. wrote a letter of complaint to the Nova Scotia Barristers' Society on October 6, 2001. W. W.'s asserts that he never offered any extra payment to Mr. Maclntosh. The Investigative Committee concluded that the evidence on file could support a finding of professional misconduct on the part of Mr. Macintosh. The Committee agreed that charges against James Maclntosh could include: (a) James C. Maclntosh breached the Memorandum of Understanding that he executed with the Province, contrary to Chapters 13 and 18 of Legal Ethics and Professional Conduct (A Handbook for Lawyers
in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, 1990; and (b) James C. Maclntosh allocated to himself extra "fees" or "a bonus" that could not be considered fair and reasonable, in accordance with Chapter 12 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, 1990. 3. ADMISSIONS: James C. Maclntosh admits that: (a) (b) He breached the Memorandum of Understanding that he executed with the Province, contrary to Chapters 13 and 18 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, 1990; and He allocated to himself extra "fees" or "a bonus" that could not be considered fair and reasonable, in accordance with Chapter 12 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, 1990; 4. CONSENT TO REPRIMAND: James C. Maclntosh hereby consents to a reprimand, and further agrees that he restore to W.W. the amount of Ten Thousand Five Hundred and Seventy-Eight Dollars ($10,578.00) through the Nova Scotia Barristers' Society, which payment will be made at the time of the execution of this Consent. 5. EFFECTIVE DATE: This reprimand shall only become effective upon its acceptance by the Investigative Committee. D. 2002. THIS CONSENT TO REPRIMAND made as at the 30 day of April A.
WITNESS JAMES C. MACINTOSH CONSENTED TO BY: The Investigative Committee this 30 th day of April, A.D. 2002 Investigative Subcommittee PROVINCE OF NOVA SCOTIA )
COUNTY OF HALIFAX SS ) The Canada Evidence Act The Barristers and Solicitors Act, R.S.N.S. 1989, c. 30, and the Regulations of the Nova Scotia Barristers' Society, as amended James C. Macintosh,, a Barrister and Solicitor, of Antigonish, in the County of Antigonish, Province of Nova Scotia CONSENT TO REPRIMAND Alan J. Stern, Q.C. McInnes Cooper 1601 Lower Water Street P.O. Box 730 Halifax, NS B3J 2V1 CANADA
PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX SS The Canada Evidence Act The Barristers and Solicitors Act, being c.30, R.S.N.S. 1989, and the Regulations of the Nova Scotia Barristers' Society, as amended, James C. Macintosh, a Barrister and Solicitor, of Antigonish, in the County of Antigonish, Province of Nova Scotia RESOLUTION WHEREAS W.W. made a written complaint against James C. Maclntosh, dated October 6, 2001. AND WHEREAS the allegations of professional misconduct have been the subject of an investigation by the Investigative Subcommittee. AND WHEREAS James C. Maclntosh admits that: (a) (b) He breached the Memorandum of Understanding that he executed with the Province, contrary to Chapters 13 and 18 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, 1990; and He allocated to himself extra "fees" or "a bonus" that could not be considered fair and reasonable, in accordance with Chapter 12 of Legal Ethics and Professional Conduct (A Handbook for Lawyers in Nova Scotia) adopted by the Nova Scotia Barristers' Society as at August 1, 1990. AND WHEREAS James C. Macintosh has consented to the imposition of a reprimand, pursuant to Section 31(4)(ca) of the Barristers and Solicitors Act and has made restitution to W.W. in the amount of $10,578.00 through the Nova
Scotia Barristers' Society; BE IT RESOLVED that pursuant to Section 31(4)(ca) of the Barristers and Solicitors Act that James C. Macintosh, Barrister and Solicitor, is hereby reprimanded. DATED at Halifax, Halifax Regional Municipality, Province of Nova Scotia this 30 day of April, 2002. NOVA SCOTIA BARRISTERS' SOCIETY PER: Raymond Larkin, Q.C., CHAIR Investigative Subcommittee PROVINCE OF NOVA SCOTIA
COUNTY OF HALIFAX SS the Canada Evidence Act, the Barristers and Solicitors Act, R.S.N.S. 1989, c.30, and the Regulations of the Nova Scotia Barristers' Society, as amended, James C. MacIntosh, a Barrister and Solicitor, of Antigonish, in the County of Antigonish, Province of Nova Scotia. O R D E R BEFORE THE PROTHONOTARY: UPON HEARING Alan J. Stern, Q.C., Solicitor for the Nova Scotia Barristers' Society; AND UPON HEARING READ the Affidavit of Victoria Rees, sworn the 2 nd day of May, 2002, and the Resolution of the Panel of the Investigative Subcommittee of the Discipline Committee of the Nova Scotia Barristers' Society, dated the 30 th day of April, 2002, attached to the said Affidavit as an Exhibit; NOW UPON MOTION: IT IS ORDERED that James C. MacIntosh, a Barrister of the Supreme Court of Nova Scotia, is hereby reprimanded. DATED at Halifax, in the County of Halifax, Province of Nova Scotia, this 03 day of May, 2002 PROVINCE OF NOVA SCOTIA Deputy PROTHONOTARY
COUNTY OF HALIFAX SS the Canada Evidence Act the Barristers and Solicitors Act, R.S.N.S. 1989, c. 30, and the Regulations of the Nova Scotia Barristers' Society, as amended James C. Macintosh, a Barrister and Solicitor, of Antigonish, in the County of Antigonish, Province of Nova Scotia O R D E R McInnes Cooper Barristers and Solicitors 1601 Lower Water Street P.O. Box 730 Halifax, Nova Scotia B3J 2V1 Per Alan J. Stern, Q.C. Solicitor for the Nova Scotia Barristers' Society 470550.1